Handheld computing device for administering a gaze nystagmus test

ABSTRACT

Various embodiments of a device for performing a gaze field sobriety test are disclosed. The device includes a housing. A light source is affixed in or on the housing. The light source generates light during at least a portion of the gaze field sobriety test. A speaker positioned in or on the housing generates sounds during at least a portion of the gaze field sobriety test. A power source is coupled to the speaker and the light source. An input is positioned on the housing. The input is selectable by a test administrator to initiate an audible sound through the speaker at a predetermined time interval during at least a portion of the gaze field sobriety test. The audible sound provides an indication to the test administrator during the gaze field sobriety test to assist in proper performance of the gaze field sobriety test.

PRIORITY INFORMATION

This application is a continuation of U.S. application Ser. No.12/837,960 entitled “DEVICE FOR ADMINISTERING A GAZE NYSTAGMUS FIELDSOBRIETY TEST”, filed Jul. 16, 2010, now U.S. Pat. No. 8,317,328 B1which claims benefit of priority of U.S. provisional application Ser.No. 61/230,009 titled “Device for Testing of Horizontal and VerticalGaze Nystagmus Field Sobriety Test”, filed Jul. 30, 2009, whoseinventors are Royger Paul Harris and Doyal Eugene Hobbs, both of whichare hereby incorporated by reference in its entirety as though fully andcompletely set forth herein.

FIELD OF THE INVENTION

The present invention relates to the field of testing and measurement,and more particularly to the field of diagnostic tests.

DESCRIPTION OF THE RELATED ART

Field sobriety tests are used by test administrators to assess thealcohol and narcotic impairment of test subjects. Frequently, testadministrators are law enforcement or medical personnel and testsubjects are suspects or patients. When properly administered anddocumented, field sobriety tests can be used to establish probable causefor an arrest or for a warrant to allow the gathering of evidence.Additionally, a properly administered and documented field sobriety testcan be used as evidence at trial to support the guilt of a test subjectwith respect to an offense for which alcohol or narcotic impairment is arequired element of the offense. Further, field sobriety tests can beused to assess the condition of a patient during initial medical triage.

Field sobriety tests include tests for horizontal and vertical gazenystagmus. Gaze nystagmus refers to a jerking motion exhibited when theeye gazes to the side or upward. In the context of field sobriety tests,alcohol consumption or consumption of certain other central nervoussystem depressants, inhalants or phencyclidine, hinders the ability ofthe brain to correctly control eye muscles, therefore causing the jerkor bounce associated with gaze nystagmus.

Existing methods for conducting and documenting gaze nystagmus tests aresubject to challenge with respect to the reliability of theadministration and documentation of the test in the field. Specifically,defense attorneys frequently attempt to challenge the admissibility ofthe test or argue to the finder of fact that the results of the gazenystagmus tests were tainted by improper administration anddocumentation. In the medical context, an improperly conducted gazenystagmus test can lead to incorrect diagnosis and treatment decisions.Existing tools and methods for performing the gaze nystagmus tests donot provide adequate guarantees of complete compliance with standardsfor administering the test. Further, existing tools and methods forperforming of the gaze nystagmus tests do not provide adequateguarantees of reliable recording and documentation of test results.

SUMMARY OF THE INVENTION

Various embodiments of a device for performing a gaze field sobrietytest are disclosed.

In one embodiment, the device includes a housing. A light source isaffixed in or on the housing. The light source generates light during atleast a portion of the gaze field sobriety test. A speaker positioned inor on the housing generates sounds during at least a portion of the gazefield sobriety test. A power source is coupled to the speaker and thelight source. An input is positioned on the housing. The input isselectable by a test administrator to initiate an indication at apredetermined time interval during at least a portion of the gaze fieldsobriety test. The indication may be an audible sound through thespeaker, a visual indication such as light, a device vibration, or othertype of indication. The indication (such as the audible sound) isprovided to the test administrator during the gaze field sobriety testto assist in proper performance of the gaze field sobriety test. In oneembodiment the device is a portable computing device, such as asmartphone, that is configured for use as an aid in performing the gazefiled sobriety test.

BRIEF DESCRIPTION OF THE DRAWINGS

A better understanding of the present invention can be obtained when thefollowing detailed description of the preferred embodiment is consideredin conjunction with the following drawings, in which:

FIG. 1 a illustrates a top view of a testing device in accordance with afirst example embodiment of the present invention;

FIG. 1 b illustrates a cutaway view of a testing device in accordancewith a second example embodiment of the present invention;

FIG. 1 c is a top view of an alternative embodiment of a testing devicein accordance with a third example embodiment of the present invention;

FIG. 2 illustrates a schematic view of a testing device in accordancewith an example embodiment of the present invention;

FIG. 3 illustrates a mobile computing device configured for use as atesting device in accordance with an example embodiment of the presentinvention;

FIG. 4 a is a block diagram illustrating functions performed by atesting device in support of a test in accordance with an exampleembodiment of the present invention;

FIG. 4 b is a block diagram illustrating functions performed by atesting device in support of and while recording a test in accordancewith an example embodiment of the present invention;

FIGS. 5 a-5 b are block diagrams illustrating test patterns executed bya testing device in support of tests in accordance with an exampleembodiment of the present invention;

FIGS. 6 a-6 b are block diagrams illustrating test patterns executed bya testing device in support of tests in accordance with an exampleembodiment of the present invention; and

FIG. 7 is a block diagram illustrating functions performed by a testingdevice in sending and receiving test and instruction data in accordancewith an example embodiment of the present invention.

While the invention is susceptible to various modifications andalternative forms, specific embodiments thereof are shown by way ofexample in the drawings and are herein described in detail. It should beunderstood, however, that the drawings and detailed description theretoare not intended to limit the invention to the particular formdisclosed, but on the contrary, the intention is to cover allmodifications, equivalents and alternatives falling within the spiritand scope of the present invention as defined by the appended claims.

DETAILED DESCRIPTION OF THE EMBODIMENTS

Embodiments of the present invention provide a device to assist inperforming a reliable and easily documentable gaze field sobriety test.The term “gaze field sobriety test” refers to any of various types oftests which involve assessing movement of a test subject's eyes as theyattempt to follow a moving object. Thus the term “gaze field sobrietytest” includes, but is not limited to, the various gaze nystagmus testsdescribed herein. As discussed above, gaze field sobriety tests includetests for horizontal and vertical gaze nystagmus. Gaze nystagmus refersto a jerking motion exhibited when the eye gazes to the side or upward.Gaze nystagmus is detectable by observing a test subject's pupil as itfollows a moving object.

Four gaze nystagmus tests are commonly administered. A first horizontalgaze nystagmus test is designed to allow observation of the lack ofsmooth pursuit as the eye follows the object moving along a horizontalline in front of a test subject. A test administrator conducts such atest by moving an object slowly but steadily from the center of thesubject's face towards the left ear. The left eye should smoothly followthe object, but if the eye exhibits nystagmus, the test administratornotes the clue as an indication of intoxication. The test administratorthen checks the right eye.

A second gaze nystagmus test is designed to allow observation ofdistinct and sustained nystagmus at maximum deviation of the eye from acenter line of the test subject's view. Starting again from the centerof the test subject's face, the test administrator moves the objecttoward the left ear, bringing the eye as far over as possible, and holdsthe object there for four seconds. The test administrator notes the clueif there is a distinct and sustained nystagmus at this point. The testadministrator holds the object at maximum deviation for at least fourseconds to ensure that quick movement of the object did not possiblycause the nystagmus. The test administrator then checks the right eye.This is also referred to as “end-point” nystagmus.

A third gaze nystagmus test is designed to allow observation of theonset of nystagmus prior to 45 degrees. The test administrator moves theobject at a speed that would take about four seconds for the object toreach the edge of the test subject's left shoulder. The testadministrator notes this clue if the point or angle at which the eyebegins to display nystagmus is before the object reaches forty-fivedegrees from the center of the test subject's face. The testadministrator then moves the object towards the test subject's rightshoulder. Generally, forty-five degrees from center is at the pointwhere the object is in front of the tip of the subject's shoulder. As arule of thumb, a person's blood alcohol concentration can be estimatedby subtracting the angle of onset from 50 degrees. Therefore, a personwith an angle of onset of nystagmus at 35 degrees has a blood alcoholconcentration of approximately 0.15%

A fourth common gaze nystagmus test is designed to allow observation ofvertical nystagmus. In a vertical nystagmus test, the test administratorchecks for vertical nystagmus by raising the object several inches abovethe subject's eyes. Vertical nystagmus is commonly interpreted as anindication of high doses of alcohol, other central nervous system (CNS)depressants or inhalants, and the consumption of the drug phencyclidine(PCP).

In each of the tests described above, existing methods for conductingand documenting gaze nystagmus tests are subject to challenge withrespect to the reliability of the administration and documentation ofthe test in the field. Furthermore, the reliability of testing isimportant in the use of the gaze nystagmus test as a medical diagnostictechnique.

Defense attorneys frequently attempt to challenge the admissibility ofthe test or argue to the finder of fact that the results of the gazenystagmus tests were tainted by improper administration anddocumentation. Defense attorneys frequently argue that the moving objectused during the test was moved too quickly, therefore causing a falsepositive result. In the medical diagnostic context, false positiveresults can lead to misdiagnosis and improper treatment decisions.

Embodiments of the present invention provide a standardized device usedas a moving object in performing gaze nystagmus tests. The device mayinclude a light source positioned in or on a housing, so that the testsubject may follow the light generated by the light source duringconduct of the test. In other embodiments, the device may compriseanother visual indication for the test subject to follow, such as afluorescent color on the device, etc. The device may also include aspeaker positioned in or on the housing and configured to generatesounds. The sounds provide an indication to the test administrator ofthe passage of a particular amount of time. For instance, in thesustained nystagmus at maximum deviation, embodiments of the device mayprovide for auditory signals, e.g., four seconds apart, to ensure thatthe object was held in place for the amount of time needed to protectthe results of the test from legal challenge. The device may alsogenerate other types of indications to indicate the passage of aparticular amount of time, such as a visual indication (light), devicevibration, other indications, or some combination thereof. Additionally,in the “smooth pursuit” test, embodiments of the device may provide forindications (such as auditory signals) spaced over a fixed interval.These indications (or signals) can be taken as a cue to begin and endmovement, thereby providing the test administrator with a reliable guideto the speed of object movement at which the test is to be conducted. Byproviding reliable measurement of time and cues to the passage of timein order to assure all interested parties that the test was conductedcorrectly, embodiments of the present invention may increase thereliability of test results and protect the results of the test from alegal challenge on the basis of an assertion that the object was movedin too short a time period.

In some embodiments of the present invention, additional features areincluded. These figures include an ink pen built into the housing of thedevice for recording test results. Some embodiments of the presentinvention may include an audio or video recording device for capturingtest subject response to the test. Some embodiments include a gyroscopicmotion sensor for monitoring the rate of movement of the device. Amemory may be included on the device for storing audio/video capturedduring the test and/or for storing data from the motion sensor, whichmay be used to confirm proper administration of the test. Additionally,in some embodiments, additional auditory cues, such as instructions tothe test administrator or test subject, can be provided, possibly in aplurality of languages. Some embodiments of the present invention willalso include interface components to allow the upload and download ofdata. Finally, in some embodiments, the invention is embodied as aportable computing device, such as a smartphone.

With reference now to the figures, and specifically with reference toFIG. 1 a, a top view of a testing device in accordance with a firstexample embodiment of the present invention is illustrated. A device 110includes a light source 100, such as a light emitting diode (LED)attached to a housing 102. The light source 100 is used to enhance thevisibility of the device and assist the test subject in focusing on thedevice. In one embodiment, the light source is of sufficient strength toallow the device to function as a flashlight. A speaker 104 is includedand provides the audible signals, such as beeping sounds or spokenlanguage instructions, for performing the test. A series of buttons 106a-e are provided as inputs for controlling operation of the device. Thecontrol schema employed in operating the device will vary betweenembodiments of the present invention. For instance, in one embodiment ofthe present invention, actuation of button 106 a is used to activate orde-activate light source 100. In such an embodiment, each of buttons 106b-e is used to start or stop the audible signals associated with theperformance of a different gaze nystagmus test. Patterns of sounds andtime intervals between sounds used for performing several example testsare discussed below with respect to FIGS. 5 a-6 b.

In an alternative embodiment, actuation of button 106 a is used toactivate or de-activate light source 100, while button 106 b is used toselect a test (cycling through each of a series of different tests witheach actuation of button 106 b) and button 106 c is used to select alanguage for providing test instructions (cycling through each of aseries of spoken languages with each actuation of button 106 c). In suchan embodiment, actuation of button 106 d is used to start the selectedtest in the selected language and button 106 e is used to suspend anytest activity. In the embodiment shown in FIG. 1 a, an optional writingutensil 108 is provided for recording results of the test.

Turning now to FIG. 1 b, a cutaway view of a testing device inaccordance with a second example embodiment of the present invention isdepicted. A device 118 includes a light source 120, such as an LEDattached to a housing 122. The light source 120 is used to enhance thevisibility of the device and assist the test subject in focusing on thedevice. A speaker 124 is included and provides the audible signals, suchas beeping sounds or spoken language instructions, for performing thetest. A series of buttons 126 a-e are provided as inputs for controllingoperation of the device. The control schema employed in operating thedevice will vary between embodiments of the present invention.

In one embodiment, actuation of button 126 a is used to activate orde-activate light source 120, while button 126 b is used to select atest (cycling through each of a series of different tests with eachactuation of button 126 b) and button 126 c is used to select a languagefor providing test instructions (cycling through each of a series ofspoken languages with each actuation of button 126 c). In such anembodiment, actuation of button 126 d is used to start or stop theselected test in the selected language and button 126 e is used to beginrecording of both the motion of the device with an internal motionsensor 128 and sounds, such as those sounds recordable during the test,with a microphone 130.

In the embodiment shown in FIG. 1 b, part of the housing is cut away toreveal internal components. The internal components include a powersource 132, such as a battery. The internal components also include acircuit board 134 for interconnecting components of the device. Mountedon circuit board 134 is a memory 136 for storing program instructionsthat are executable to enable the device to perform the functionsdescribed herein. The memory 136 may also store data, such as soundsprovided over speaker 124 and data recorded by motion sensor 128 andmicrophone 130. Motion sensor 128 is also mounted on circuit board 134.A processor 138 may execute the program instructions stored in thememory 136 to control and execute various functions of the device and ismounted on circuit board 134. An I/O adapter 140, such as a USB adapter,is provided for receiving data into memory 136 and transmitting datastored in memory 136. The I/O adapter may also be used to update theprogram instructions in the memory 136, e.g., to allow for updated ornew gaze field sobriety tests performed by the device. In someembodiments, a radio frequency adapter, such as a Bluetooth™ unit, maybe substituted for a USB adapter. In the embodiment shown in FIG. 1 b,an optional writing utensil 142 is provided for recording results of thetest.

With reference now to FIG. 1 c, a top view of a third embodiment of atesting device in accordance with an example embodiment of the presentinvention is presented. A device 150 separates into a lower housingportion 152 and an upper housing portion 156. Lower housing portion 152contains a light source 154, such as an LED. Threads 158 on upperhousing portion 156 allow for removably fixed attachment of lowerhousing portion 152 (by means of complimentary threads within lowerhousing portion 152, which are not visible in the diagram) to upperhousing portion 156. The light source 154 is used to enhance thevisibility of the device and assist the test subject in focusing on thedevice. In an embodiment such as FIG. 1 c, multiple power sources (notshown) may be provided, one in each of lower housing 152 and the upperhousing 156.

Upper housing portion 156 contains a speaker 160 that provides audiblesignals, such as beeping sounds or spoken language instructions, forperforming the test. A series of buttons 162 a-e are provided as inputsfor controlling operation of the device. The control schema employed inoperating the device will vary between embodiments of the presentinvention.

In one embodiment, actuation of button 162 e is used to activate orde-activate light source 154, while button 126 d is used to select atest (cycling through each of a series of different tests with eachactuation of button 126 d) and button 126 c is used to select a languagefor providing test instructions (cycling through each of a series ofspoken languages with each actuation of button 126 c). In such anembodiment, actuation of button 126 b is used to start or stop theselected test in the selected language and button 126 a is used to beginrecording of the motion of the device with an internal gyroscopic motionsensor (not shown) and sounds recordable during the test with amicrophone 164. A clip 166 is provided for affixing device 150 to apocket, a belt or other surface. An I/O adapter 168, such as a USBconnection, is provided receiving data into memory and transmitting datastored in memory.

Turning now to FIG. 2, a schematic view of a testing device inaccordance with an example embodiment of the present invention ispresented. Device 200 includes a central interconnect 214, such as acircuit board or wires. Central interconnect provides for connectionsamong inputs 202, a power source 204, a light source 206, a processor208, and a memory 210. Inputs 202 can include buttons (such as buttons162 a-e of FIG. 1 c), an I/O adapter (such as I/O adapter 168 of FIG. 1c), a microphone (such as microphone 160 of FIG. 1 c), a camera (such ascamera 316 of FIG. 3, which is discussed below), an R/F unit (such astransceiver 302 of FIG. 3, which is discussed below), and a motionsensor (such as motion sensor 128 of FIG. 1 b). Power source 204 may beembodied as one or more disposable batteries, or optionally, thecombination of a rechargeable battery and a transformer or solar cellsfor receiving power. Light source 206 may include an LED, a light bulb,or other means for generating light.

Additionally, in some embodiments, a light source capable of emittinglight of varying colors may be used, such as to emit white light whileperforming a test, a green light to indicate that a test was properlyadministered, and a red light to indicate a failure of testadministration due to improper device movement. For example, a motionsensor (such as a gyroscope) may record the motion of the device duringthe test, wherein the motion is recorded with respect to time. Asoftware program executing on the device may use this recorded motion inconjunction with the timing of the auditory signals to provide anindication of whether or not the test was performed properly. Forexample, the software program may determine whether the device was movedtoo quickly relative to the timing of the auditory and/or visual signalsindicating to the test administrator when to halt and reverse motion ofthe device, etc. The device may then provide an immediate audial orvisual indication as to whether or not the test was performed properly.This immediate indication is important, because if the device indicatesthat the test was not performed properly, the test administrator canimmediately re-perform the test. If the device indicates that the testwas performed properly, this can be admissible at trial of proof ofproper performance of the test.

Processor 208 can be provided to control the operation of device 200. Asused herein, a processor can include a programmable processor, such as amicrocontroller, central processing unit (CPU), etc., or anapplication-specific integrated circuit (ASIC) or programmable logicarray (PLA), such as a field programmable gate array (FPGA), designed toimplement the functions performed by the device, such as control, datacapture, and sound output. Memory 210 can be used to store data andinstructions. Speaker 212 provides audible output from the device.

Referring now to FIG. 3, a mobile computing device configured for use asa testing device in accordance with an example embodiment of the presentinvention is illustrated. Mobile computing device 300 may be any ofvarious types of devices. For example, mobile computing device 300 maybe a smartphone, such as an IPHONE™, ANDROID™ phone, Blackberry, etc.Mobile computing device 300 may also be another type of portablecomputer, such as a tablet PC, e.g., and iPAD. Mobile computing device300 may include a radio frequency transceiver 302. In some embodiments,radio frequency transceiver 302 communicates with a telephony networkand/or with 802.11(x) networks.

A screen 304 can be used as a light source by activating an illuminatedpixel group 306 on the screen. In some embodiments, screen 304 is atouch screen and device controls 308 are provided as renderings ofbuttons on screen 304 for use as inputs. In other embodiments, buttons310 can be provided as device controls for use as inputs during testadministration.

In some embodiments of the present invention, such as mobile computingdevices with very large screens, the mobile computing device is heldstationary and the illuminated pixel group 306 is moved to provide themoving object used in performing the field sobriety test.

A speaker 312 is provided for generating audible signals. A microphone314 and a front-facing camera 316 (e.g., as available in iPHONE 4) areprovided for recording sounds and still images/video generated by a testsubject. Images of a test subject, including recording still images orvideo of the subject's eyes, may be used as later proof of whether thetest subject passed the gaze field sobriety test.

As will be apparent to one of skill in the art after having read thepresent disclosure, the embodiments of the present invention discussedherein each include optional features of the present invention, andembodiments of the present invention may be practiced without thoseoptional features or with the addition of features that are not shown.Additionally, each of the embodiments of the present invention depictedin FIGS. 1 a-3 may include features and parts that one skilled in theart to which the invention pertains will know to include in themanufacture and use of such an embodiment, but which are omitted forclarify of the diagrams and succinctness of the discussions in thisdisclosure.

It is noted that current smartphones, such as the IPHONE 4, provide thevarious hardware capabilities required, including a processor, memory, adisplay (which can be used as both a light source and a graphical userinterface in place of buttons 106 a-106 e), a microphone, speakers,front facing camera, motion sensor, and a communications interface. Thusin one embodiment a software application is created, such as an IPHONEapplication or ANDROID application, which configures an existingsmartphone to perform the operations described herein. For example, suchan IPHONE application for conducting a gaze field sobriety test may bemade available on the APPLE App Store for downloading by various IPHONEusers.

Turning now to FIG. 4 a, a flowchart diagram illustrating functionsperformed by a testing device in support of a test in accordance with anexample embodiment of the present invention is illustrated. In responseto an input, such as pressing a button, the device performs actionsassociated with a selected gaze nystagmus test.

A determination is made as to whether a light source on the device isactivated (step 405). If the light source has not been activated, thedevice activates its light source (step 410).

An indication, such as an audible sound, visual indication, etc. isgenerated (step 415) to indicate to indicate the beginning or end of aportion of a test. In some embodiments of the present invention, theaudible sound is a simple tone (beeping noise). In other embodiments,the audible sound can include spoken instructions to either the testadministrator or the test subject. In some embodiments of the presentinvention, the spoken instructions are available in a series ofdifferent languages. In some embodiments, instead of an audible sound,the light source flashes or is otherwise modified to indicate thebeginning or end of a portion of the test. Alternatively, the device mayvibrate to indicate the beginning or end of a portion of the test.

Once the indication (e.g., audible sound) is generated to indicate thebeginning of the test, the test administrator may then move the devicein a desired direction in front of the test subject, while observing theeyes of the test subject. For example, the test administrator may movethe device left, right, up or down, wherein the test subject has beenpreviously requested to follow the device with his/her eyes. After thetest administrator has moved the device a period of time, e.g., 4seconds, an indication, such as an audible sound, visual indication(such as a flash of light), device vibration, etc., may be generated bythe device to indicate that the test administrator should halt movementof the device and reverse the direction of the device, i.e., move thedevice in the opposite direction. This second indication (e.g., audiblesound, visual indication, vibration, etc.) alerts the test administratorof the appropriate time to halt and reverse movement of the device, andthus provides increased accuracy and conformity of the gaze fieldsobriety test. This provides a greater likelihood that the testadministrator will conduct the test properly, and hence make it morelikely that the conducted test will hold up in court. Various testpatterns for sample gaze nystagmus tests are discussed below withrespect to FIGS. 5 a-6 b.

A determination is then made as to whether a test pattern associatedwith the selected test has been completed (step 420).

If the test pattern has not been completed, then the device waits aprescribed interval (step 425), which depends on the test pattern,before returning to step 415, which is described above. If the testpattern is complete, a determination is made as to whether the lightsource was active before initiation of the test (step 430). If the lightsource was not active before the initiation of the test, the lightsource is de-activated (step 435). The process then ends.

With reference now to FIG. 4 b, a flowchart diagram illustratingfunctions performed by a testing device in support of and whilerecording a test in accordance with an example embodiment of the presentinvention is depicted.

In response to an input, such as pressing a button, the device performsactions associated with a selected gaze nystagmus test.

A determination is made as to whether a light source on the device isactivated (step 440). If the light source has not been activated, thedevice activates the light source (step 445).

Capture of data from any of a camera, a microphone and a motion sensoris then initiated (step 450).

An audible sound (or visual indication or device vibration or other typeof indication) is generated (step 455) to indicate to indicate thebeginning or end of a portion of a test. In some embodiments of thepresent invention, the audible sound is a simple tone (beeping noise).In other embodiments, the audible sound can include spoken instructionsto either the test administrator or the test subject. In someembodiments of the present invention, the spoken instructions areavailable in a series of different languages. It is noted that steps 450and 455 may be performed in either order, or may be performedsimultaneously. In other words, the audible sound or other indication in455 may occur concurrently with the device beginning to record/capturedata.

As described above with respect to FIG. 4 a, once the indication (e.g.,audible sound) is generated to indicate the beginning of the test, thetest administrator may then move the device in a desired direction infront of the test subject, while observing the eyes of the test subject.For example, the test administrator may move the device left, right, upor down, wherein the test subject has been previously requested tofollow the device with his/her eyes. After the test administrator hasmoved the device a period of time, e.g., 4 seconds, an indication (e.g.,such as an audible sound, a visual indication such as a flash of light,a device vibration, or other indication) may be generated by the deviceto indicate that the test administrator should halt movement of thedevice and reverse the direction of the device, i.e., move the device inthe opposite direction. This second indication alerts the testadministrator of the appropriate time to halt and reverse movement ofthe device, and thus provides increased accuracy and conformity of thegaze field sobriety test. This provides a greater likelihood that thetest administrator will conduct the test properly, and hence make itmore likely that the conducted test will hold up in court.

During the time when the test administrator is moving the device toconduct the gaze field sobriety test, the device may capture variousdata during the test. For example, a camera on the front of the devicemay record video of the user's eyes during the test. The combination ofa light sensor associated with a camera and the light source may furtherbe used to measure the distance between the device and the subject'sface. Additionally, distance to the face of the test subject may besubsequently calculated by comparing the recorded distance betweenphotographed features of the face of the test subject to subsequentmeasurements of the face of the subject. Also, a microphone on thedevice may record any words spoken by the test subject during the test.Further, in one embodiment, a motion sensor on the device (such as agyroscope) may record motion of the device, including the direction inwhich the device is moved, how fast and how far it is moved, and for howlong the device is moved before motion is halted and the movementdirection is reversed. This motion data may be stored on the device aslater proof that the test was conducted in a proper manner. Someembodiments may record a verification of angular movement with respectto the test subject's face, for example using the combination of motiondata described above and distance measurements described above, which isuseful in recording angle of nystagmus onset.

In addition, in one embodiment during some portion during (or before orafter) the test, a GPS unit on the device may record the GPS coordinatesof where the test was administered, in case there is any dispute as tothe specific location where the test was actually administered.

A determination is then made as to whether a test pattern associatedwith the selected test has been completed (step 460). Various testpatterns for sample gaze nystagmus tests are discussed below withrespect to FIGS. 5 a-6 b.

If the test pattern has not been completed, then the device waits aprescribed interval (step 465), which depends on the test pattern,before returning to step 455, which is described above. If the testpattern is complete, any available motion records, sounds, and imagesare packaged in one or more exportable data structures (step 470). Adetermination is made as to whether the light source was active beforeinitiation of the test (step 475). If the light source was not activebefore the initiation of the test, the light source is de-activated(step 480). The process then ends.

The method of FIG. 4 b may be implemented by the device shown in FIGS. 1a-c, or by the mobile computing device of FIG. 3. It is noted that wherethe method is performed by a mobile computing device, existingsmartphones currently include the various functionality required toimplement the method of FIG. 4 b.

As will be apparent to one of skill in the art after having read thepresent disclosure, embodiments of the present invention may bepracticed with various other optional features or with the addition ofsteps that are not shown. Additionally, each of the embodiments of thepresent invention depicted in FIGS. 4 a-4 b may include operations thatone skilled in the art to which the invention pertains will know toinclude in the practice of such an embodiment, but which are omitted forclarity of the diagrams and succinctness of the discussions in thisdisclosure.

FIGS. 4 a-4 b have provided examples of processes performed by thecurrent device in support of gaze nystagmus tests. In steps 415-420 ofFIG. 4 a and steps 455-465 of FIG. 4 b, test patterns are executedthrough a series of sound emissions and delays between the soundemissions. The relationships between those sound emissions and delaysand various gaze nystagmus tests are explained below in terms of gazenystagmus test patterns with respect to FIGS. 5 a-6 b.

Referring now to FIG. 5 a, a block diagram illustrating a test patternexecuted by a testing device in support of a smooth pursuit horizontalgaze nystagmus test in accordance with an example embodiment of thepresent invention is illustrated. In response to initiation of the test,a timer executes a two second hold (step 502). The device then emits apair of audible 0.025-second beeping sounds (step 504). After thissignal, a timer counts off two seconds, during which time the testadministrator will move the device from a position directly in front ofthe test subject to a position in front of and to the right side of thetest subject such that the subject's eyes follow the device as far asthey can to the side (step 506). The test administrator notes whetherthe eyes of the test subject follow the device smoothly or jerk fromnystagmus. An audible 0.025-second beep is then emitted (step 508).After this signal, a timer counts off two seconds, during which time thetest administrator reverses direction and moves the device from theposition in front of and to the side of the test subject and back to theposition directly in front of the test subject (step 510). The testadministrator notes whether the eyes of the test subject follow thedevice smoothly or jerk from nystagmus.

The device then emits a pair of audible 0.025-second beeping sounds(step 512). After this signal, a timer counts off two seconds, duringwhich time the test administrator will move the device from a positiondirectly in front of the test subject to a position in front of and tothe left side of the test subject such that the subject's eyes followthe device as far as they can to the side (step 514). The testadministrator notes whether the eyes of the test subject follow thedevice smoothly or jerk from nystagmus. An audible 0.025-second beep isthen emitted (step 516). After this signal, a timer counts off twoseconds, during which time the test administrator reverses direction andmoves the device from the side of the position in front of and to theleft side of the test subject and back to the position directly in frontof the test subject (step 518). The test administrator notes whether theeyes of the test subject follow the device smoothly or jerk fromnystagmus.

The test is then repeated. The device then emits a pair of audible0.025-second beeping sounds (step 520). After this signal, a timercounts off two seconds, during which time the test administrator willmove the device from a position directly in front of the test subject toa position in front of and to the right side of the test subject suchthat the subject's eyes follow the device as far as they can to the side(step 522). The test administrator notes whether the eyes of the testsubject follow the device smoothly or jerk from nystagmus. An audible0.025-second beep is then emitted (step 524). After this signal, a timercounts off two seconds, during which time the test administratorreverses direction and moves the device from the position in front ofand to the right side of the test subject and back to the positiondirectly in front of the test subject (step 526). The test administratornotes whether the eyes of the test subject follow the device smoothly orjerk from nystagmus.

The device then emits a pair of audible 0.025-second beeping sounds(step 528). After this signal, a timer counts off two seconds, duringwhich time the test administrator will move the device from a positiondirectly in front of the test subject to a position in front of and tothe left side of the test subject such that the subject's eyes followthe device as far as they can to the side (step 530). The testadministrator notes whether the eyes of the test subject follow thedevice smoothly or jerk from nystagmus. An audible 0.025-second beep isthen emitted (step 532). After this signal, a timer counts off twoseconds, during which time the test administrator reverses direction andmoves the device from the position in front of and to the left side ofthe test subject and back to the position directly in front of the testsubject (step 534). The test administrator notes whether the eyes of thetest subject follow the device smoothly or jerk from nystagmus. Thedevice then emits a pair of audible 0.025-second beeping sounds (step536) to signal the end of the test.

In an alternative embodiment, the device may replace or augment withinstructional recordings the audible beeping indicated in FIGS. 5 a-6 b.For instance, recordings can be provided to explain the tests of FIGS. 5a-6 b (or other tests used with the device) to the test subject. Anexample of such an instructional recording would include a recording atstep 504, stating, “Your eyes are now going to be examined. Keep yourhead still and follow the illuminated stimulus device with your eyesonly. Keep focusing on this stimulus until instructed to stop.” Similarinstructions can be provided with respect to the example tests describedbelow with respect to FIGS. 5 b-6 b. For example, with respect to FIG. 5b, another example instruction could say, at step 544 (described below),“Maintain focus on the stationary stimulus device until instructed to dootherwise.” Additionally, in some alternative embodiments, instructionsto the test administrator may be provided in place of or in addition tobeeping noises. For example, the audible 2-second beep of step 504 maybe replaced with recorded instructions reminding the test administratorto perform the indicated movement. Such audio recordings may be providedin a plurality of languages, including English and Spanish, etc.

In some embodiments, a gyroscopic motion sensor may record the movementsof the device. For instance, with respect to FIG. 5 a, recording ofmovements can be used to ensure that the rate of device movement did notexceed an acceptable maximum rate of movement. Similarly, in the testdescribed below with respect to FIG. 5 b, recording of movements can beused to ensure the device was held in place for an appropriate length oftime. In such embodiments, the light source on the device may indicate asuccessful test by providing an alternative sound pattern at step 520 orstep 536 (for example, 3 beeping sounds for test failure or two beepingsounds for success). Alternatively, the color of light emitted at thelight source could change (for example, to green for success or red forfailure) at step 520 or step 536 or an audible recording such as “testsuccessful” or “test failed, please repeat” could be emitted from thespeaker. In alternative embodiments, a screen may be used to simulatethe movement of a light source by altering the arrangement of lightedand darkened pixels. The test administrator will observe the testsubject's eyes to ascertain whether the eyes follow the device smoothly.In alternative embodiments, a camera may be used to record the subject'seye movement during the test.

Turning now to FIG. 5 b, a block diagram illustrating a test patternexecuted by a testing device in support of a maximum deviationhorizontal gaze nystagmus test in accordance with an example embodimentof the present invention is depicted. In response to initiation of thetest, a timer executes a two second hold (step 538). The device thenemits a pair of audible 0.025-second beeping sounds (step 540). Afterthis signal, a timer counts off two seconds, during which time the testadministrator will move the device from a position directly in front ofthe test subject to a position in front of and to the right side of thetest subject such that the subject's eyes follow the device as far asthey can to the right side (step 542). An audible 0.025-second beep isthen emitted (step 544). A timer then counts four seconds (step 546).During this time, the test administrator observes whether the testsubject's eyes exhibit nystagmus at maximum deviation. An audible0.025-second beep is then emitted (step 548). After this signal, a timercounts off two seconds, during which time the test administratorreverses direction and moves the device from the side of the position infront of and to the side of the test subject to the position directly infront of the test subject (step 550).

The device then emits a pair of audible 0.025-second beeping sounds(step 552). After this signal, a timer counts off two seconds, duringwhich time the test administrator will move the device from a positiondirectly in front of the test subject to a position in front of and tothe left side of the test subject such that the subject's eyes followthe device as far as they can to the left side (step 554). An audible0.025-second beep is then emitted (step 556). A timer then counts fourseconds (step 558). During this time, the test administrator observeswhether the test subject's eyes exhibit nystagmus at maximum deviation.An audible 0.025-second beep is then emitted (step 560). After thissignal, a timer counts off two seconds, during which time the testadministrator reverses direction and moves the device from the positionin front of and to the left side of the test subject to the positiondirectly in front of the test subject (step 562).

The test is then repeated. The device then emits a pair of audible0.025-second beeping sounds (step 564). After this signal, a timercounts off two seconds, during which time the test administrator willmove the device from a position directly in front of the test subject toa position in front of and to the right side of the test subject suchthat the subject's eyes follow the device as far as they can to theright side (step 566). An audible 0.025-second beep is then emitted(step 568). A timer then counts four seconds (step 570). During thistime, the test administrator observes whether the test subject's eyesexhibit nystagmus at maximum deviation. An audible 0.025-second beep isthen emitted (step 572). After this signal, a timer counts off twoseconds, during which time the test administrator reverses direction andmoves the device from the position in front of and to the right side ofthe test subject to the position directly in front of the test subject(step 574).

The device then emits a pair of audible 0.025-second beeping sounds(step 576). After this signal, a timer counts off two seconds, duringwhich time the test administrator will move the device from a positiondirectly in front of the test subject to a position in front of and tothe left side of the test subject such that the subject's eyes followthe device as far as they can to the left side (step 578). An audible0.025-second beep is then emitted (step 580). A timer then counts fourseconds (step 582). During this time, the test administrator observeswhether the test subject's eyes exhibit nystagmus at maximum deviation.An audible 0.025-second beep is then emitted (step 584). After thissignal, a timer counts off two seconds, during which time the testadministrator reverses direction and moves the device from the positionin front of and to the left side of the test subject to the positiondirectly in front of the test subject (step 586). The device then emitsa pair of audible 0.025-second beeping sounds (step 588) to signal theend of the test.

Referring now to FIG. 6 a, a block diagram illustrating a test patternexecuted by a testing device in support of a nystagmus angle-of-onsettest in accordance with an example embodiment of the present inventionis illustrated. In response to initiation of the test, a timer executesa two second hold (step 602). The device then emits a pair of audible0.025-second beeping sounds (step 604). After this signal, a timercounts off one second, during which time the test administrator willmove the device from a position directly in front of the test subject toa position in front of and to the right side of the test subject suchthat the subject's eyes follow the device as far as they can to theright side (step 606). An audible 0.025-second beep is then emitted(step 608). A timer then counts one second (step 610). During this time,the test administrator reverses direction and moves the device from theposition in front of and to the right side of the test subject to theposition directly in front of the test subject.

The device then emits an audible 0.025-second beep (step 612). Afterthis signal, a timer counts off one second, during which time the testadministrator will move the device from a position directly in front ofthe test subject to a position in front of and to the left side of thetest subject such that the subject's eyes follow the device as far asthey can to the left side (step 614). An audible 0.025-second beep isthen emitted (step 616). A timer then counts one second (step 618).During this time, the test administrator reverses direction and movesthe device from the position in front of and to the left side of thetest subject to the position directly in front of the test subject. Thedevice then emits a pair of audible 0.025-second beeping sounds (step620) to signal the end of the test.

Turning now to FIG. 6 b, a block diagram illustrating a test patternexecuted by a testing device in support of a vertical gaze nystagmustest in accordance with an example embodiment of the present inventionis depicted. In response to initiation of the test, a timer executes atwo second hold (step 622). The device then emits a pair of audible0.025-second beeping sounds (step 624). After this signal, a timercounts off two seconds, during which time the test administrator willmove the device from a position directly in front of the test subject toa position in front of and above the test subject such that thesubject's eyes follow the device as far as they can upward (step 626).An audible 0.025-second beep is then emitted (step 628). A timer thencounts four seconds (step 630). During this time, the test administratorreverses direction and moves the device from the position above and infront of the test subject to the position directly in front of the testsubject. The device then emits an audible 0.025-second beep (step 632)to signal the end of the test.

Referring now to FIG. 7, a block diagram illustrating functionsperformed by a testing device in sending and receiving test andinstruction data in accordance with an example embodiment of the presentinvention is illustrated. A determination is made as to whether aconnection has been authenticated (for example, across a peripheraladapter such as USB adapter 168 of FIG. 1 c or across a network using awireless network adapter such as radio frequency transceiver 302) (step705). If a connection has not been authenticated, the device attemptsauthentication of the connection (step 710). The process then returns tostep 705, which is described above. If a connection has beenauthenticated, then a determination is made as to whether data iswaiting in memory for performance of an upload (step 715). If datastored in memory is waiting to be uploaded, the stored data istransmitted to the external device with which the connection has beenauthenticated (step 720). A determination is made as to whetherdownloads for the device are available. If downloads are available,updates are received and installed. The updates can included sound filessuch as audible instructions for use in performing a gaze nystagmus testor internal instructions for programming the device. The process thenends.

As explained above, embodiments of the present invention provides toolsfor reliably conducting and documenting gaze nystagmus tests to reducechallenges to the reliability of the administration and documentation ofthe test in the field. The present invention provides enhanced indiciaof compliance with standards for administering the test. Further, thepresent invention provides new tools for reliable recording anddocumentation of test results.

Although the embodiments above have been described in considerabledetail, numerous variations and modifications will become apparent tothose skilled in the art once the above disclosure is fully appreciated.It is intended that the following claims be interpreted to embrace allsuch variations and modifications.

We claim:
 1. A non-transitory computer readable storage medium storingprogram instructions, wherein the program instructions arecomputer-executable to implement: providing a visual target on ahandheld computing device, wherein the visual target is provided duringat least a portion of a gaze nystagmus test; and generating at least onetest administrator signal from the handheld computing device, whereinthe at least one test administrator signal provides an indication to thetest administrator regarding movement of the handheld device during thegaze nystagmus test to assist in proper performance of the gazenystagmus test.
 2. The non-transitory computer readable storage mediumof claim 1, wherein: the program instructions computer-executable toimplement providing a visual target on a handheld computing devicefurther comprise program instructions computer-executable to implementactivating a light source.
 3. The non-transitory computer readablestorage medium of claim 1, wherein: the program instructionscomputer-executable to implement generating at least one testadministrator signal from the handheld computing device further compriseprogram instructions computer-executable to implement generating atleast one test administrator signal from the handheld computing devicein response to an actuation of a first input on the handheld computingdevice by a test administrator.
 4. The non-transitory computer readablestorage medium of claim 1, further comprising: program instructionscomputer-executable to implement recording movements of the handheldcomputing device during the gaze nystagmus test using a motion sensorwithin the handheld computing device.
 5. The non-transitory computerreadable storage medium of claim 1, wherein the program instructionscomputer-executable to implement generating at least one testadministrator signal from the handheld computing device further compriseprogram instructions computer-executable to implement generating audiblesound through a speaker of the handheld computing device.
 6. Thenon-transitory computer readable storage medium of claim 1, furthercomprising: program instructions computer-executable to implementrecording a video of eye movements of a test subject using a camera ofthe handheld computing device during the gaze nystagmus test.
 7. Thenon-transitory computer readable storage medium of claim 1, furthercomprising: program instructions computer-executable to implementrecording a video of eye movements of a test subject using a camera ofthe handheld computing device during the gaze nystagmus test; programinstructions computer-executable to implement recording movements of thehandheld computing device during the gaze nystagmus test using a motionsensor within the handheld computing device; and program instructionscomputer-executable to implement transmitting data representing the eyemovements and the movements of the handheld device over an antenna ofthe handheld computing device.
 8. A handheld computing device configuredfor use in performing a gaze nystagmus test, wherein the devicecomprises: a housing; a light source positioned in or on the housing,wherein the light source generates light during at least a portion ofthe gaze nystagmus test; at least one input that is selectable by a testadministrator to initiate prompts for conducting a portion of the gazenystagmus test; and a speaker positioned in or on the housing andconfigured to generate sounds as the prompts for conducting the portionof the gaze nystagmus test.
 9. The handheld computing device of claim 8,further comprising: a display screen configured to generate at least onetest administrator signal from the handheld computing device in responseto an actuation of the at least one input on the handheld computingdevice by the test administrator.
 10. The handheld computing device ofclaim 8, further comprising: a motion sensor within the handheldcomputing device for recording movements of the handheld computingdevice during the gaze nystagmus test.
 11. The handheld computing deviceof claim 8, wherein the speaker is further configured to generate spokeninstructions for conducting the gaze nystagmus test.
 12. The handheldcomputing device of claim 8, further comprising: a video camera forrecording a video of eye movements of a test subject during the gazenystagmus test.
 13. The handheld computing device of claim 12, furthercomprising: an antenna for transmitting data representing eye movementsand the movements of the handheld device.
 14. The handheld computingdevice of claim 8, further comprising: a display screen configured in oron the housing, wherein the light source is implemented by at least aportion of the display screen.
 15. The handheld computing device ofclaim 14, wherein the display screen is configured to activate a firstset of pixels on the display screen of the handheld device and furtherconfigured to move the light source on the handheld device byde-activating the first set of pixels on the display screen of thehandheld device and activating a second set of pixels on the displayscreen of the handheld device.
 16. The handheld computing device ofclaim 8, wherein the handheld computing device is a mobile wirelesscommunication device.
 17. The handheld computing device of claim 8,wherein the handheld computing device is a smart phone.
 18. A mobilecomputing device configured for use in performing a field sobriety test,wherein the device comprises: a housing; a processor comprised in thehousing; a non-transitory memory medium comprised in the housing,wherein the memory medium stores program instructions executable toimplement the field sobriety test; a display screen positioned in or onthe housing and configured to generate at least one test administratorsignal during operation of the field sobriety test.
 19. The mobilecomputing device of claim 18, further comprising: a speaker positionedin or on the housing and configured to generate sounds as prompts forconducting at least a portion of the field sobriety test.
 20. The mobilecomputing device of claim 18, further comprising: a speaker positionedin or on the housing and configured to generate spoken instructions forconducting the field sobriety test.
 21. The mobile computing device ofclaim 18, wherein the display screen is configured to act as a lightduring at least a portion of the field sobriety test.
 22. The mobilecomputing device of claim 18, further comprising: a motion sensor forrecording movements of the mobile computing device during the fieldsobriety test.
 23. The mobile computing device of claim 18, furthercomprising: a video camera for recording a video of eye movements of atest subject during the field sobriety test.
 24. The mobile computingdevice of claim 18, further comprising: a microphone for recordingsounds during the field sobriety test.
 25. The mobile computing deviceof claim 18, further comprising: an antenna for transmitting datarepresenting eye movements and the movements of the mobile computingdevice.
 26. The mobile computing device of claim 18, further comprising:at least one input that is selectable by a test administrator toinitiate the field sobriety test.
 27. The mobile computing device ofclaim 18, wherein the at least one input is implemented on the displayscreen.
 28. The mobile computing device of claim 18, wherein the mobilecomputing device is a mobile wireless communication device.
 29. Themobile computing device of claim 18, wherein the mobile computing deviceis a smart phone.
 30. The mobile computing device of claim 18, whereinthe mobile computing device is a tablet computer.